People Ex Rel. Inebriates' Home for Kings County v. Comptroller of Brooklyn
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered December 29, 1896, affirming an order of the Special Term of said court in Kings county, which denied the application of the relator fo'r a peremptory writ of mandamus requiring the comptroller of the city of Brooklyn to pay to it fifteen per cent of $1,041,797.05, that being the amount of money received by the comptroller from the excise commissioners of the city…
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Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered December 29, 1896, affirming an order of the Special Term of said court in Kings county, which denied the application of the relator fo'r a peremptory writ of mandamus requiring the comptroller of the city of Brooklyn to pay to it fifteen per cent of $1,041,797.05, that being the amount of money received by the comptroller from the excise commissioners of the city of Brooklyn for licenses granted by them under the excise laws of the state between the 1st of January, 1895, and the 1st…
1Opinion of the Court
Andrews, Ch. J.
In the case of White v. Inebriates' Home for Kings County (141 N. Y. 123) the question of the constitutionality of the provision in the act, chapter 169 of the Laws of 1877, requiring the comptroller of the city of Brooklyn to pay to the treasurer of the home fifteen pier cent of the excise moneys received from licenses granted by the excise commissioners of the city, vras presented and decided. The question arose under the Constitution in force prior to January 1,1895, and the constitutionality of the provision was assailed on the ground that it violated section 11 of art. 8…
2Cases cited2 opinions
- White v. Inebriates' Home for Kings CountyNew York Court of Appeals · 1894
- The Shepherd's Fold v. . Mayor, Etc., of N.Y.New York Court of Appeals · 1884
3Cited by13 opinions
- Chittenden v. . WursterNew York Court of Appeals · 1897
- Matter of KnowackNew York Court of Appeals · 1899
- People Ex Rel. New York Institution for the Blind v. FitchNew York Court of Appeals · 1897
- Sargent v. . Board of EducationNew York Court of Appeals · 1904
- Green v. United StatesCourt of Appeals for the Ninth Circuit · 1933
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